INTERNATIONAL BROTHERHOOD OF TEAMSTERS OCTOBER/NOVEMBER 2005

AMAZING GRACE Members Rally To Help Victims Of Hurricane Katrina

www.teamster.org ININ THISTHIS ISSUEISSUE 2 TEAMSTER NEWS l Teamsters Join Global Federation FEATURES l 100 Scholarships Awarded 8 l New Prescription Drug Helping Hands Program Introduced Members Help Victims l Of Hurricane Katrina 8 Chicago Beverage Drivers Win Contract 14 Positive Developments 16 l Tankhaulers Join Union At USF 20 ORGANIZING Laid-Off Members, Dugan l Employees Gain Opportunities Mrs. Baird’s Workers Join Local 745 l Maryland Printers 16 Working Towards Vote “Yes” Tomorrow l Local 117 Welcomes Bus Drivers Members Get Involved 22 To Protect Pensions l Redi-Mix Drivers Join Local 170 22 Concrete Gains l Truck Drivers Join Local 282 Members Local 179 Strike For Better Economic Packages 26 ELECTION MATERIAL

29 COURT MATERIAL

Cover photo: Rhonda Slafer

32 Horse Power Missouri Teamster Pays www.teamster.org

Homage To Teamsters Of Old International Brotherhood of Teamsters 25 Louisiana Avenue, NW, Washington, DC 20001-2198 202-624-6800

The Teamster (ISSN 1083-2394) is the official publication of the International Brotherhood of Teamsters, 25 Louisiana Avenue, N.W., Washington, DC 20001-2198. It is published eight times a year in February, March/April, May, June/July, August, September, October/November and December/January. Periodical postage paid at Washington, D.C. and at additional mailing offices. OCTOBER/NOVEMBER 2005, VOLUME 102, NO. 7

© 2005 International Brotherhood of Teamsters. All rights reserved. Reproduction in whole or in part without written permission is prohibited. Postmaster: Send address changes to The Teamster, Affiliates Records Department, 25 Louisiana Avenue, N.W., Washington, DC 20001-2198. Subscription rates: $12 per year. Single copies, $2. (All orders payable in advance.) Members should send address changes to their local union. A MESSAGE FROM THE GENERAL PRESIDENT Organizing Our Priorities

urricane Katrina has not only ravaged Standing Together our Gulf Coast, it has exposed the Teamsters from across the country are driving scandal of our nation’s poverty. trucks and delivering supplies as part of the The tragedy in New Orleans was hurricane relief effort. Others are donating shameful: Needy Americans without food, clothing and volunteering their time. adequate food or medicine. Unsani- America is at its best when its citizens pull tary living conditions. Underprivileged together during times of crisis and despair. citizens unable to access medical care. And Teamsters have always answered the call A federal government that was unre- when their nation needed them most. Hsponsive to the plight of our nation’s poor. And Over the last century, Americans have con- that was before the storm hit. sistently lifted themselves out of poverty and Ever since Ronald Reagan, so-called “big into the middle class through union member- government” has been demonized. Tax cuts for ship. By standing together and bargaining col- the wealthy and a free ride for corporations are lectively, generations of American workers have religion in Washington. Workers dealing with improved their lives significantly. disappearing jobs, declining wages, no health The desire for respect and dignity never insurance and a paycheck-to-paycheck exis- changes. As long as working people are under- tence get pushed aside because they don’t con- paid, overworked or otherwise mistreated, tribute big money to political campaigns. there will be the need for a union. I believe the But those tax cuts are haunting us now. Our dignity of American workers cannot be export- nation lacks needed infrastructure. Failure to ed, privatized or downsized. And I don’t invest in our ports, bridges and levees has believe the government should set up barriers made us more vulnerable to terrorists and nat- to discourage working Americans from joining ural disasters. Privatization and downsizing a union and improving their lives. have put unqualified workers on the front lines What the government and the people of our of our nation’s homeland security. This is not great country need is to be better organized. the America I want for my grandchildren. Government needs to better organize its priori- In the wake of the worst disaster in our ties—including its emergency management. nation’s history, some questions need to be And working people need organized labor like asked and answered. Do we want a political sys- never before. tem that rewards only the wealthy and neglects the working poor? Is it good for America to have the divide between the upper and lower classes grow greater every year? Why is national health care treated as a budget issue instead of a matter of human dignity?

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 1 TEAMSTER NEWS

a panel about the Teamster that we were all working organizing campaign at Que- together,”said Gomez, an ink becor World. and roll tender. Small World “The Quebecor experience Teamsters Join Union Network International Worldwide Campaigns was instructive for all of us,” The Quebecor World panel Jennings said.“Our combined included Chi Gomez, a proud efforts clearly resulted in new Teamster from the recent- increased union membership.” eamsters General Secre- workers’ needs in the new mil- ly organized Quebecor plant in Keegel also restated the tary-Treasurer Tom Keegel lennium. With more than 15.5 Fernley, Nevada. Gomez Teamsters’ ongoing global Tpledged to stand tall with million members, UNI is tai- commitment to organize DHL workers around the world, loring its organizing strategy workers in the United States. addressing international dele- to address globalization and “In a global Rolf Büttner, the head of gates attending Union Net- help affiliated unions and their marketplace, we ver.di, a union that represents work International’s (UNI) members create international need to work with Second World Congress. networks. our brothers and “Joining UNI is a natural UNI encourages solidarity sisters all around step for us as we try and across borders, raises issues of the world, fighting change the course of the common concern with to make sure American labor movement,” employers, governments and workers are Keegel said.“In a global mar- international bodies, and pro- guaranteed the ketplace, we need to work with motes trade union rights right to form their our brothers and sisters all worldwide. own union.” around the world, fighting to “UNI challenges us all to TOM KEEGEL, make sure workers are guaran- imagine a new path to global GENERAL SECRETARY-TREASURER teed the right to form their unionism,”said Philip Jen- own union.” nings, UNI General Secretary. In August, 1,300 delegates “We must rise to the challenge from nearly 900 unions repre- of creating a world that is not senting 140 countries gathered just fit for business but for in Chicago to attend the UNI people as well.” Congress. The UNI Congress high- thanked the delegates for their DHL workers in Germany, lighted global organizing international solidarity efforts echoed Keegel’s comments A Global Federation efforts in the telecommunica- that let workers in Fernley and outlined a regional DHL UNI is a global federation that tions industry, postal sector, know that they were not alone. organizing plan currently formed in 2000 to respond to and graphical sector, including “It totally pumped me up under way in Europe.

James P.Hoffa VICE PRESIDENTS TEAMSTERS CANADA CENTRAL REGION EASTERN REGION SOUTHERN REGION WESTERN REGION TRUSTEES General President AT-LARGE Robert Bouvier, Patrick W. Flynn Jack Cipriani Tyson Johnson J. Allen Hobart Frank Gallegos 25 Louisiana Ave., NW Randy Cammack President 4217 South Halsted St. P.O. Box 35405 1007 Jonelle Street 553 John Street 207 North Sanborn Rd. Washington, DC 20001 845 Oak Park Road Teamsters Canada Chicago, IL 60609 Greensboro, NC 27425 Dallas, TX 75217 Seattle, WA 98109 Salinas, CA 93905 Covina, CA 91724 2540 Daniel Johnson C. Thomas Keegel Suite 804 Walter A. Lytle Ken Hall Ken Wood Chuck Mack Henry B. Perry Jr. General Secretary- Fred Gegare Laval, Quebec, Canada 2644 Cass Street 267 Staunton Ave. SW 5818 E. MLK Jr. Blvd. P.O. Box 2270 796 E. Brooks Ave. Treasurer 1546 Main Street H7T 2S3 Fort Wayne, IN 46808 South Charleston, WV Tampa, FL 33619 Oakland, CA 94621 Memphis, TN 38116 25 Louisiana Ave., NW Green Bay, WI 54302 25303 Washington, DC 20001 Tom Fraser Dotty Malinsky Jim Santangelo John Steger Carroll Haynes 1890 Meyerside Dr. 9409 Yukon Avenue S. John Murphy 818 Oak Park Road 25 Louisiana Ave., N.W. 216 West 14th Street Mississauga, Ontario Bloomington, MN 765 East Third Street Covina, CA 91724 Washington, DC 20001 New York, NY 10011 Canada L5T 1B4 55438 Boston, MA 02127 Tom O’Donnell Garnet Zimmerman Lester A. Singer Richard Volpe 1 Hollow Lane 7283 149th A Street 435 South Hawley St. 6 Tuxedo Avenue Suite 309 Surrey, B.C. Canada Toledo, OH 43609 New Hyde Park, NY Lake Success, NY 11042 V3S 11040 Philip E. Young Ralph J. Taurone 1668 N.W. 1000 Road 47 West 200 South Credighton, MO 64739 Suite 300 Salt Lake City, UT 84101 Gas Attack 700 Trucks Participate in Convoy for Justice

n an inspiring show of soli- Drivers and officials from darity, a convoy of more the Teamsters and the Interna- Ithan 700 trucks driven by tional Longshoremen’s Associ- independent owner-drivers ation (ILA) delivered petitions who work as container haulers with thousands of signatures out of the Port of Miami-Dade to Commissioner Tomas descended upon Miami City Regalado. Regalado promised Hall to call on Congress to the drivers that he would pass legislation that would deliver the petitions to the enact mandatory fuel sur- congressional delegation for charges. South Florida and urge them The convoy, which began to sponsor mandatory fuel approximately 20 miles out- surcharge legislation. side the city, was organized to “The current system isn’t protest the ongoing practice by fair to these drivers,”said Mike steamship lines and companies Scott, President of Local 769 in that employ the independent Miami.“But nothing about the owner-drivers of withholding way these drivers are treated in fuel surcharge payments. this business is fair. It is time “The price of fuel has more for that to change.” than doubled over the course of just four years,”said Sandro Lerro, who emigrated from Cuba in 1989 and has been working as a container hauler since 1995.“Unfortunately, over that same period of time, the pay we receive for our work has not increased.” Currently, the payment of fuel surcharges is not manda- tory under federal law and the container haulers are forced to absorb the added cost as fuel prices continue to soar. Time for Change “We are paid approximately 85 cents per mile and it’s costing 60 cents each mile just to make the run,”said Lerro.“We can’t make a living wage and pro- vide for our families at that rate.”

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 3 TEAMSTER NEWS

Insurance Program, a Medicare Retiree (age 65 and up) supplement The Union Advantage program in which 13,000 Programs Teamster retirees are already Teamsters Lead the Way with New Prescription enrolled. The new prescription Drug Program drug plan can be purchased alone or in conjunction with ith the introduction of a serve our retirees and mem- the TEAMStar Retiree Health new prescription drug bers in the ever-changing Insurance Program, which has Wprogram, the Teamsters health insurance marketplace,” been the most successful pro- For those who retire before Union now has a full range of said Tom Keegel, Teamsters gram of its kind in the labor reaching age 65 and find health care programs for General Secretary-Treasurer. movement for the past 10 years. themselves in the gap retirees. The new program works in between Medicare eligibility The new TEAMStar conjunction with two existing Savings Passed On and regular employer spon- Medicare Prescription Drug programs to provide a full The Teamsters initially sored health insurance. This Program is the only such pro- range of health insurance bene- opposed the Medicare Pre- plan provides limited bene- gram offered by an interna- fits for Teamster retirees and scription Drug and Modern- fits including basic hospital, tional union. And its rates and their spouses. The other two ization Act but is now taking medical and surgical insur- coverage are more than com- programs are the recently full advantage of the positive ance. For more information, petitive with for-profit com- launched TEAMStar Early aspects in the legislation that call (800) 808-3239. mercial insurers. Retiree Health Plan, a program are beneficial to retirees. “Programs like this are for pre-65 retirees, and the cur- “Now that this legislation is going to help our union better rent TEAMStar Retiree Health in place, we are fully commit-

A Medicare Supplement pro- gram for retirees who also bers who have their commer- receive Medicare Part A Thirst For Justice cial drivers license (CDL) first. and/or Part B. For more In the past, the employer could information call (800) Chicago Beverage Drivers Win Better bring in helpers that didn’t 808-3239. have a license.” Benefits and Wages “Our local has always got- ten us better than average pay elivery drivers for Union and been able to maintain our Beverage Company in benefits,”said Tom Singer, a DChicago recently ratified a Union Beverage worker.“It’s a new three-year contract that growing company. We cover all A Medicare Prescription Drug provides higher wages, of northern Illinois. We’re like Program for retirees who improved benefits and other the mailmen—we are out in also receive Medicare Part A improvements. The 60-plus the snow and the sleet. I can and/or Part B, but do not drivers service bar and whole- remember only two days in the currently receive prescription sale distributors and are past 19 years that the company drug coverage. This plan can members of Local 744 in didn’t send anyone out. That be purchased alone or in Chicago. was because the wind chill was conjunction with the TEAMStar “We started negotiations in 70 degrees below zero.” Retiree Health Insurance Pro- February,”said Jim Rich- gram. For more information, mond, a 20-year member of Standing Strong call (866) 524-4173 Local 744 in Chicago.“The “The company wanted our (TTY/TDD 866-524-4174), or new contract gives us a raise drivers to pay more for health www.teamstarpartd.com in pay and it regulates the use care coverage,”said Greg of casual workers. Now the McQuitter, President of Local employer has to call on mem- 744.“But we said ‘no.’We

4 TEAMSTER | OCTOBER/NOVEMBER 2005 | www.teamster.org Investing In The Future ted to providing the best cover- James R. Hoffa Memorial Scholarship Fund Awards 100 Students age at the lowest cost to our retirees,”Keegel said. rom one end of North America James McGuire, Local 714 Highlights of the TEAM- to the other, winners of the Jacquelyn Oestreich, Local 344 Star Medicare Part D Prescrip- FJames R. Hoffa Memorial Jennifer Orrico, Local 743 tion Drug Program include Scholarships are one step closer to Tiffany Poulette, BLET Craig Sanford, Local 436 nationwide availability, a com- becoming the leaders of tomorrow. Jason Sleight, Local 486 prehensive drug coverage and “This scholarship does so much Eastern Region pharmacy network, no good for Teamster families,”said Sara Berglund, Local 170 deductible and competitive Jim Hoffa, Teamsters General Pres- Erica Boles, Local 175 premiums. ident.“It makes me proud that our union has not only so Jessica Castaneda, Local 804 Enrollment in the TEAM- many worthy candidates for this scholarship, but that there are Kevin Cauto, Local 384 Star Medicare Part D Prescrip- so many Teamsters willing to donate to the scholarship fund to Elizabeth Daigle, Local 170 tion Drug Program begins on help out the children of their union brothers and sisters.” Angelica Daniele, Local 384 November 15 and becomes Applicants compete in one of the five geographic regions Maria Duaime, Local 401 Erin Etzel, Local 639 effective on January 1, 2006. where their Teamster parent or grandparent’s local is located. This Jillian Haney, Local 538 The Teamster retiree health school year, 100 scholarships were awarded, with 31 students Rachel Heron, Local 384 plans are not intended to receiving $10,000 and 69 receiving one-time grants of $1,000. Allison Hulchanski, Local 317 replace union or employer- Information on how to support the scholarship program Alyssa Spina, Local 264 sponsored health coverage but can be found on the Teamster web site at www.teamster.org Kaitlyn Stratowski, Local 111 to offer access to retiree health Whitney Wade, Local 445 Michael Wenger, Local 102 insurance where no other rea- $10,000 Scholarship Winners Beau Figliola, Local 313 Southern Region sonable options are available. Kelsey Heider, Local 223 Canada Amber Anderson, Local 612 Soroya Rowley, Local 315 Nikhil Jain, Local 31 Kali Blevins, Local 745 Brian Suchy, Local 162 Kris Moore, Local 938 Adrienne Doster, Local 728 Mark Wilcox, Local 492 Dragana Perusinovic, Local 395 Alexandra Federer, Local 745 stood strong.” Belinda Raposo, Local 213 $1,000 Scholarship Winners Brett Folmar, Local 919 “When we took a strike Caleb Scott, Local 464 Sara Heirs, Local 769 Canada vote, it added pressure to the Central Region Amanda Holley, Local 728 Jacqueline Bierwirth, Local 938 negotiations. The company Ryan Boyer, Local 600 Rachel Ingram, Local 519 Amber Chevarie, Local 938 Mina Farahzad, Local 200 Jordan Kidd, Local 385 knew we were serious,” Rebeca Cudd, Local 647 Whitney Grither, Local 600 Blake Livingston, Local 385 McQuitter said.“With the new Samantha Epp, Local 31 Zachary Marine, Local 662 Elizabeth Meserve, Local 745 contract, our members have Tyler Finley, Local 213 Thomas McKenzie, Local 320 Western Region the opportunity to qualify for Ambrosia Gilchrist, TCRC Andrew Mehr, Local 346 Matthew Carter, Local 166 Liam Huber, Local 464 benefits if they work at least 11 Heidi Schmidt, Local 710 Jordan Forbes, Local 763 Jessica Klesc, Local 938 days each month—that’s a big Mindi Summers, Local 400 Lisa Green, BLET Kathleen Lefevre, Local 31 plus for us. We’ve been repre- Eastern Region Justin Hausauer, BLET Nicole Powers, Local 880 senting UBC workers for many Nicole Dietsche, Local 812 William Hickok, Local 911 Kailey Smith, TCRC years and we weren’t going to Jeffrey Ditzler, Local 771 Jordon Kolbo, Local 631 Central Region Bryan O’Sullivan, Local 111 Heather Lewis, Local 952 let the company get away with Stephanie Bannos, Local 743 George Puddister, Local 25 Chelsea Maxwell, Local 848 anything substandard. Our Sean Rogers, Local 445 Brittany Benson, Local 406 Andrew Muck, Local 490 liquor delivery drivers are Stuart Smith, Local 95 Tara Bishop, Local 89 Caleb Owen, Local 206 among the highest paid in Stephen Toth, Local 445 Eliza Dy, Local 215 David Shoenhair, Local 517 Southern Region Eric Fairbrother, Local 135 Chicago.” Adrienne Spakousky, Local 962 Steven Barber, Local 878 Ryan Gorman, Local 114 “Recently the company got Aaron Trickett, Local 206 Jennifer Deleon, Local 1110 Courtney Hall, Local 89 the Brown-Forman account John Vu, Local 911 which has Jack Daniel’s, Trang Ngo, Local 577 Nicholas Horen, Local 20 Tracy Oates, Local 728 Molly Isola, Local 662 Southern Comfort and Cana- Jessica Ortiz, Local 657 Kira Labby, Local 75 dian Mist products,”Rich- Western Region Katie Langenfeld, Local 554 mond said.“We should have Katherine Cain, BLET Rachel Lowes, Local 600 plenty of work.”

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 5 TEAMSTER NEWS

tical exam, dur- ing which they Boom Town demonstrate their skills with Certification Will Help Teamsters in California, Elsewhere the equipment. The recently cer- group of Teamsters from country,”said Andy Nichols, tified trainers will around the country lead ihnstructor at now be able to Arecently spent three days CTTUFSC, who was one of conduct the prac- getting certified as practical the people who completed tical examina- examiners on large and small the three-day training. The tions. hydraulic boom trucks. The CTTUFSC now has six certi- Ed Mattas, training, which was held at the fied practical examiners for Recording Secre- Construction Teamsters boom trucks on staff. tary at Local 36 Training and Upgrading Fund In California, the need for in San Diego, of Southern California additional practical examiners Stepping Up plans on taking his new cre- (CTTUFSC), refreshed the is particularly pressing. The “It’s our job to get the workers dentials and putting them to certification for two existing state implemented new restric- caught up,”Nick Nichols said. use on behalf of his members. trainers and added 18 more to tions that went into effect on “Those who aren’t certified “The training is going to the ranks of available trainers June 1 requiring certification aren’t working and we want provide me the opportunity to ready to help Teamster con- for all boom truck operators. Teamsters to be able to step up take care of our members and struction workers become cer- Nick Nichols, CTTUFSC and get those jobs.” get them certified for these tified on these pieces of equip- Training Director, said other Teamsters who wish to be boom truck jobs,”Mattas said. ment. unions have been certifying certified have to go through “I’m trying to do it in-house “There are only approxi- their workers and the Team- classroom instruction and pass down here to make it more mately 600 practical examin- sters are trying to take care of a written test, and then are put convenient for members look- ers for boom trucks in the their own. through a prac- ing for that kind of work.” TEAMSTER-MADE Say Cheese! Local 58 Members Produce Renowned Tillamook Cheddars n the remote, picturesque coast of Oregon, some very talented Quality Workers OTeamsters keep busy producing and delivering some of the finest Matt Petty, a steward who has cheese in the world. worked at the plant for five years, About 250 members of Local 58, based in Vancouver, Washing- said the Teamsters have negotiat- ton, work at the Tillamook County Creamery Association plant in ed solid contracts over the decades. Tillamook, Oregon. The Teamsters produce Tillamook sharp, extra “It’s one of the best jobs to have sharp and vintage white extra sharp cheese. in the community,” Petty said. “We have Teamsters have worked at the 95-year-old farmer-owned coopera- a great pension, health insurance tive for about a half-century. The unit consists of drivers, production, and wages.” warehouse and clerical workers. Tillamook is the second largest John Silva, Local 58 Secretary- brand of natural chunk cheese in the United States. Treasurer, said the Teamster-made Tillamook “This is a very experienced, hardworking group,” said Cary cheddar cheeses are well known nationwide. Bertram, a Local 58 business agent. “We have quality workers producing a quality product,” Silva said.

6 TEAMSTER | OCTOBER/NOVEMBER 2005 | www.teamster.org they would be comparable to nickel-and-dime us to death.” Change For The Better what we had before,”Lenz The day before the election, said.“That turned out to be management told the workers Tankhaulers Join Union to Protect Benefits completely false. Their new that all nonunion employees benefits were pretty terrible. would be getting better health ary Lenz works nights as a Corp. in Feura Bush, New York The copays were outrageous coverage, but they rejected the tankhauler for Air Liquide joined Local 294 in Albany. The and the company said they ploy and voted the union in. Gand wants a good life for workers haul bulk liquid nitro- weren’t going to be making “We’re proud of the way these his wife and two sons. It gen, oxygen and argon. pension contributions for a lot guys stuck together,”Bulgaro became increasingly difficult of us. They started trying to said. for him and his coworkers to Standing Together make ends meet when their “We’re thrilled to have them in company was bought by a our local,”said John Bulgaro, group that wanted to slash President of Local 294.“They benefits and drastically increase came to us after the company their health insurance copays. was bought a few months ago So Lenz and his coworkers and the new owners wanted to brought in the Teamsters. drastically change their health Despite an organizing effort and pension benefits. They that was opposed with the typi- knew the Teamsters would cal dirty tricks of an anti-union stand up for them.” company, the workers came out “The new company came on top. With a 15-2 vote, work- in and told us they were going ers with Air Liquide America to change our benefits but that

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www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 7 HELPING Members Rally to Help Victims of Hurricane Katrina

he one thing this wife and two young daughters, he hurricane has feared the worst. When they returned “Ttaught me is, ‘it’s home, the only thing that was left of not what you have, it’s who their house was a concrete slab. you have,’” said Dina Benoit, “All the way home I had a knot in who opened her home to 30 my stomach,”he said.“But once you members of her extended see it, the fear recedes. You start think- family who lost everything in ing about what you need to do first.” Hurricane Katrina. Terry Bang, another member of Local “Everybody’s alive, so I’m thank- 891 in Jackson, Mississippi, had his ful,”added Benoit, who drives a UPS house blown apart by a fierce tornado package car. that accompanied Katrina, while he, his Local 891 member Rob Mauffrey wife and two college-age children hud- decided to move his family to safer dled in their downstairs bathroom. In the ground as the hurricane headed toward storm’s aftermath, he waited day after day Gulfport, Mississippi. Watching news for an insurance adjuster and a FEMA reports from a motel room with his representative to assess the damage.

8 TEAMSTER | OCTOBER/NOVEMBER 2005 | www.teamster.org HANDS

“It’s frustrating. I can’t begin repairs own needs. I can’t praise them enough.” other goods that have been pouring in until I get a damage assessment,”Bang said. from Teamster members all over the “A FEMA rep was right across the street The Teamster Way United States and Canada. Plus, he tries and wouldn’t talk to us because we were Willie Smith, Local 891’s President, has to keep up to date with Local 258, a small not on his list. He told my neighbor he been working nonstop since the hurri- local in neighboring Hattiesburg, Missis- would have to leave if I came over there.” cane hit to help members like Benoit, sippi that was also hit hard. Smith doesn’t One group that doesn’t frustrate Bang Bang and Mauffrey. Smith and Local 891 talk much about his endeavors, but they is his union. He said members of Local made contingency plans before the storm are definitely noticed by his members. 891 found a way to contact him after the and were out locating members as soon “You do what needs to be done,”Smith storm and brought supplies soon after- as it ended. In the days and weeks after said.“The union is a family. You take care wards. He has always been proud to be a the hurricane, they have been driving the of your family.” Teamster, but now recognizes the true long road to Biloxi and Gulfport daily mission of the union. with food and supplies for members in Consumed by Flood “It’s brother helping brother against the the region. In New Orleans, about two-thirds of Local ills of life,”he said.“These guys are work- Smith has also been working with the 270’s 3,000 members were displaced by ing long hours every day to help us get Red Cross to coordinate, store and dis- Hurricane Katrina. Now they are scattered back on track with little concern for their tribute all of the donations of food and across the United States, some with rela-

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 9 tives, others in motels or temporary shel- within hours of the disaster. Generous refrigerated ters. Located just above the French Quarter, donations were pledged to the Teamsters trailers to Red Local 270’s offices were flooded by New Disaster Relief Fund and truckloads of sup- Cross stations in Louisiana. In addition, Orleans’ breached levees. plies ranging from food and water to dia- the Central States Pension Fund extended “People have no addresses, no phones, pers and medicine headed for the Gulf health and welfare coverage and took no mail. Some members were reliant on Coast. additional steps to offer relief to members public transportation and did not get out and retirees affected by the storm. of the city,”said David Negrotto, Local 270 Teamster Spirit Hoffa also visited members in the Vice President. “The response by our members has been affected states in the immediate aftermath With Local 270 temporarily out of remarkable,”said Jim Hoffa, Teamsters of the storm and handed out $500 debit commission, some officers took refuge in General President.“It really speaks to the cards from the Teamsters Disaster Relief Local 5’s offices in Baton Rouge. While Teamster spirit. Reaching out to those who Fund. Mark Parkman, a 12-year Teamster, Negrotto set up shop finding work for need help is what a union is all about.” was one of the members who received a displaced members, Local 5 Secretary- One of Hoffa’s primary concerns was debit card. Treasurer Keith Partin and Business getting jobs quickly for displaced mem- “This disaster has put the union in a Agent Reggie Ducote helped coordinate bers. The Carhaul Division, working with whole different light for me,”Parkman relief efforts with the Red Cross and vari- Jack Cooper Transport Company, was able said.“I used to see the union only as an ous city and state officials. Truckloads of to gain offers of employment for Gulf insurance policy if you need them down food and water were rushed in from Coast members at some of their terminals the road. Now I see the union like they Teamster locals around the country. in the Midwest, West Coast and Michigan. care about me and my family. Their “We had members coming from Albe- The Parcel Division reached an agreement response has been tremendous.” querque, Denver, San Antonio, we had so with UPS on hiring relocated members. much stuff we had to put it in a barn at a The Freight Division worked closely with Pitching In rodeo arena in Eastern Parish. People here companies such as ABF,Yellow and Road- Joint Council 25 and Local 743 in Chicago are going to need those supplies for way to provide work for affected freight took part in a relief effort that generated months to come,”Partin said. members. And the Warehouse Division truckloads of food and supplies. Starting Local unions and Joint Councils across spearheaded an effort where the Teamsters at 5 a.m., volunteers loaded trucks with North America heeded the call for help joined forces with Kroger to transport 20 donations and by 7 p.m. they had received

10 TEAMSTER | OCTOBER/NOVEMBER 2005 | www.teamster.org “Our members who are in dire need of food, shelter, money and other supplies can count on their Teamster brothers and sisters as they struggle to rebuild their lives.” —JIM HOFFA, TEAMSTERS GENERAL PRESIDENT

Hoffa Visits Devastated Gulf Region Pledges Support in Rebuilding, Training

hile in the affected Gulf region, Teamsters General President Meeting Members’ Needs WJim Hoffa pledged continued support and assistance to mem- The Teamsters Union created a job training program to address the bers whose homes, jobs and lives were devastated by Hurricane Kat- immediate employment needs of displaced workers in the region rina. Hoffa also outlined plans to help the region and its residents struggling to get back on their feet. The union also applied for $19.5 recover from the tragedy. million in emergency training funds from the U.S. Department of “Our union is at its best when we pull together during times of Labor to train 3,000 people as commercial vehicle operators. crisis, because that is the true strength of the Teamsters,” Hoffa In addition, the union has sent hundreds of truckloads of food said. “Our members who are in dire need of food, shelter, money and goods to Mississippi and Louisiana, with drivers coming from and other supplies can count on their Teamster brothers and sisters across the country, including Los Angeles, Oregon, Chicago, Boston as they struggle to rebuild their lives.” and New York. The Teamsters are helping members find work, main- Hoffa met with UPS Teamsters, recently organized casino work- tain their health care coverage and get their pension checks. ers, freight drivers and other members whose homes and jobs had “Our next step is to get workers in this area retrained and get these been destroyed, distributing assistance from the Teamsters Disaster cities and towns rebuilt,” Hoffa said. “The government must work in Relief Fund, including $500 debit cards. partnership with organized labor to get this region working again.”

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 11 HURRICANE VICTIMS STILL NEED YOUR HELP Donate to The Teamsters Disaster Relief Fund Send your tax-deductible donations to: enough food and other dry goods to fill community’s generosity to the victims is Teamsters Disaster Relief Fund more than 15 trucks. incredible.” 25 Louisiana Ave. NW “The vehicles were lined up for at least Local 25 in Boston donated a cargo Washington, D.C. 20001 three or four blocks, waiting to drop off trailer and a community service trailer donations for the drive,”said Reginald from the union’s fleet to transport supplies Ford, a Local 743 business agent.“The to Hattiesburg. The Local 25 tractor trailer Working Overtime streets and bring a sense of normalcy back to their hometown. On his Waste Workers Face Dangerous Streets, Injustice at Work normal route as a boom-truck driver, he picks up two to three loads of n Baton Rouge, BFI waste crews who have been fighting to become debris. Since Katrina hit he averages about five loads a day. ITeamsters were back at work the day after Katrina hit. City officials in Despite their hard work and dedication, Teamster members at BFI East Baton Rouge Parish estimated that the storm left some 300,000 are still working without a first contract. At a time when unity should be cubic yards of debris, and waste crews worked overtime to clear the the watchword of the day, management relentlessly attempts to divide trash and tree limbs. the workers. With the population doubling overnight and a nearly non existent Standing Together emergency infrastructure, evening routes in Baton Rouge became dan- On a recent Friday evening, managers told returning residential drivers gerous—carjacking and looting were rampant and route drivers brought they had to go back out to pick up more routes. Anyone who refused their trucks in as gunshots sounded against the evening sky. would be fired. No Contract “Everyone stuck together. They said, ‘Give me my paycheck. I ran my In Mobile, Alabama, fierce winds wrought more destruction than flood- route and I’m not going back out,’” said Steven Burroughs, a roll-off dri- ing. Larry Baldwin, a leader in the fight to organize the BFI facility in ver. “And they did, they couldn’t fire everybody.” Mobile last December, found himself struggling to put his life back Despite BFI’s divisive tactics, the overall tone in Mobile is one of together. solidarity and brotherhood. “We lost all our food, power and gas, I’ve never seen gas lines like this,” “There’s a lot of prejudice in the South, but now, people are treating said Baldwin, who rode out the storm at home with his wife and daughter. people like people. There are no races, everybody is one,” Baldwin said. “It’s hard to look at all this—people who lost their homes, their stuff Mobile residents are bringing each other food and water and cutting is gone. People who’ve been flooded out, their pictures and everything trees out of each others’ yards. are set out on the side of the road.” “I hate that it took a hurricane to do this, but it makes you feel good Baldwin and his coworkers have been working overtime to clear the to see people coming together,” Baldwin said.

12 TEAMSTER | OCTOBER/NOVEMBER 2005 | www.teamster.org “This has been one of the greatest humanitarian efforts I’ve seen in a long time—and it was the Teamsters out front once again.” —TOM KEEGEL, TEAMSTERS GENERAL-SECRETARY TREASURER

was filled with mattresses, bedding, sheets, part of a grassroots effort to help those we made a good choice when we decided towels and toiletries. traumatized by the hurricane,”said Mike to organize,”said LaWanda Powell, a “It is our duty as Americans to help Martin, a business agent from Local 337 reservations clerk at Harrah’s. “The those who are struggling to survive the in Detroit. Teamsters are showing us a lot of love.” aftermath of Katrina,”said Ritchie Rear- The volunteer drivers from Detroit And despite the environment of de- don, President of Local 25. “I know that saw miles of destruction, hundreds of struction and devastation, hope is in the air. each and every one of our members are smashed cars and trucks, houses flat- “Nobody is walking around with their willing to donate anything they can— tened and even one house with a tree heads down,”said Sidney Lawe, a bell- time, money or supplies—to help.” pierced right through it like a pencil man at the Grand Casino in Gulfport. Teamsters General-Secretary Treasurer through a tomato. “It’s just a matter of time before we’re Tom Keegel summed up the response by “We saw all that yet we didn’t get within back on our feet. We’ll be bigger and bet- the Teamsters. 20 miles of New Orleans where, by all ter than before.” “This has been one of the greatest accounts, the destruction was worse,”Mar- humanitarian efforts I’ve seen in a long tin said.“Seeing that hell our fellow mem- Choked Up time—and it was the Teamsters out front bers were forced to deal with strengthened International Representatives Bill Moore once again,”he said.“It’s no surprise our resolve to come back again.” and John Clancy have also worked long really—that’s the core of our spirit. Every- hours assisting the relief efforts. one knows the Teamsters always deliver.” Heavy Losses “The devastation was unbelievable, Casino workers in Biloxi and Gulfport block after block of ruins, whole condo Delivering Hope recently organized by the Teamsters parks wiped out,”Moore said. “I thought Joint Council 43 in Detroit put together suffered some of the heaviest losses. I was tough and I thought the Teamsters a transportation team to deliver relief With most of the casinos completely with me were tough-skinned too. But supplies by securing trailers from sever- destroyed, jobs are almost nonexistent meeting these members and their fami- al local companies. Volunteer drivers and many lost their homes and cars as lies who were left with nothing choked us headed out just days after the storm well. The Teamsters have been working all up.” with nine truckloads of supplies. Three with organizers and representatives from During one of the long days, Clancy truckloads were dropped off in Mobile, UNITE HERE and Harrah’s Casino to took a ride along the Gulf Coast. What Alabama and the rest went to Baton bring some relief to these newly union- he saw was 30 miles of utter destruction. Rouge to be distributed to victims in ized workers. The workers are grateful for “I thought, ‘this looks like a war zone, the New Orleans area. the help from the union. but it’s America,’” he said. “How can you “It was an amazing experience to be “The help from the Teamsters proves not help after seeing that?”

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 13 PositivePositive DevelopmentsDevelopments AtAt USFUSF GainsGains ofof Card-Check,Card-Check, NeutralityNeutrality areare aa BigBig WinWin forfor WorkersWorkers he Teamsters Freight Division “All the Dugan workers who voted to the typical election process, and neutrality has won a major agreement with become Teamsters should be able to get a prevents employers from waging anti- USF Corporation that is result- job with USF Holland or Bestway,”John- worker, anti-union campaigns. T ing in jobs for laid-off Teamsters son said. Another important development and union members at USF In fact, many members who had orga- involves health insurance. About 300 to 400 Dugan, as well as improved organizing nized while working at Dugan are now former Dugan workers who are now Best- opportunities at the company’s Holland, working at Holland and Bestway. The way Teamsters were not required to wait Bestway and Reddaway subsidiaries. expanded operations of the Holland and three months to receive health insurance, as “This is great news for our freight Bestway terminals have resulted in more is standard, when they switched jobs. members,”said Jim Hoffa, Teamsters Gen- than 200 new Teamster jobs. Instead, the union fought for these workers eral President.“This agreement is provid- In the expedited election process, the to receive health insurance right away. ing jobs and will lead to more workers union presents the company with the The union also fought hard with USF having a more secure future.” majority of cards and within two weeks and won so that the Teamster-organized “This agreement is an effort by USF the non-NLRB election is held. After the Dugan workers are being rehired in order Corporation to create a better working union presents a majority of the cards, the of seniority. relationship with the Teamsters,”said company cannot talk to the employees Tyson Johnson, National Freight Director. about the campaign or wage an anti- Reddaway Contract “We hope this is just the beginning.” union campaign. Meanwhile, at Reddaway, freight Team- The agreement means hundreds of Under the National Master Freight sters at that USF subsidiary ratified a new new Teamster jobs and a brighter future Agreement (NMFA), the expedited elec- four-year contract recently that raises for workers like Joey Basco and his tion process was created for Holland office wages and benefits, boosts job security coworkers, who recently won recognition and clerical workers, which recently and contains other improvements. The as Teamsters at USF Bestway in Shreve- resulted in 18 new Teamster office workers contract was ratified by a 2-1 margin. port, Louisiana. in Nashville represented by Local 480. “In addition to providing increased “It’s nice to have a human voice to talk “In Nashville, the election went very wages and benefits, the contract calls for to now,”Basco said.“As Teamsters, some- smoothly, and there were no intimidation an expedited election process with neu- body with our best interests in mind is tactics by the employer,”said David Mot- trality for the unorganized terminals at available for us.” tern, Local 480 President. USF Reddaway,”Hoffa said.“This will When Bestway took over Dugan in help more USF Reddaway workers get a early July, workers were poised to lose Bestway Card-Check strong voice at work. It will benefit all the some paid holidays and sick days. Howev- Also under the agreement, card-check that Teamsters who work at Reddaway.” er, when the Teamsters won recognition, exists in the Teamster USF Bestway con- “Our 650 members at USF Reddaway they got those benefits back. tract covering Texas will be expanded will benefit greatly from this contract,” Pension benefits have been boosted under throughout the Bestway system, which Johnson said. the Teamsters, Basco said. Prior to becoming covers Southern, Southwestern and some There is a potential of more than 2,000 a Teamster, Basco said he was being forced to Western states. The parties also recently additional Reddaway workers joining the work on the docks when he arrived at the ter- negotiated a neutrality provision that will Teamsters. minal in Jackson, Mississippi. also apply throughout the Bestway system. “The Teamsters resolved that issue So far, the union has secured recogni- Some Highlights right away, so that’s no longer happening,” tion for about 100 former Dugan workers Reddaway contract highlights include: Basco said.“Becoming a Teamster has at newly organized Bestway terminals. The ■ Full maintenance of benefits for been positive in so many ways.” terminals are in Oklahoma City, Ardmore employees without any cost to workers; and Tulsa, all in Oklahoma; Ft. Smith and ■ A pay raise of 40 cents per hour in each Expedited Process Little Rock in Arkansas; and Shreveport of the four years of the contract; The agreement, finalized in late July, and Baton Rouge, in Louisiana. ■ Increased job security; called for USF to open three new USF In addition, another 100 workers who ■ An expedited election process with Holland terminals in Missouri—in had worked at Dugan are now working at neutrality for unorganized workers; Kansas City, Springfield and in Joplin. other locations that had already been rep- ■ Language that will guarantee more Any laid-off Teamster who had worked at resented by the Teamsters. The net result work for union employees; and companies under the National Master is 200 more Teamster freight members at ■ The company will increase contribu- Freight Agreement (NMFA)—such as Bestway alone. tions to the OTEC/Washington union Consolidated Freightways—will have first There’s the potential that 500 addition- pension plans. dibs on the new jobs. Newly organized al workers will have a better chance of workers at USF Dugan—which USF becoming Teamsters at Bestway. Card- recently closed—will then be considered. check recognition allows locals to bypass

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 15 WORKING TOWARDS TOMORROW > > > Members Get Involved to Protect Pensions

hree Teamsters, all at different Members are getting involved and taking bers that get involved, the more success- points in their career at UPS, have action in the fight to save defined benefit ful the effort will be. different reasons for getting pension plans. involved in the fight to save pen- “I’m involved because Congress needs Pension Crisis sions. But they share a common to give our pension funds the tools to deal The impact of the nation’s pension crisis goal: helping protect the pension with the impact of a bad stock market and on America’s working families has been Tsystem in the United States. low interest rates,”said Janet Genovese, sweeping. Just ask pilots for United Air- “I’m set to retire next year,”said Glenn another Local 355 member with UPS in lines and US Airways, whose monthly Goins, a Local 355 Teamster from Balti- Baltimore.“Think what kind of results we pension benefits were cut in half when the more who has been working for UPS for would see if all our Teamster brothers and airlines dumped their plans onto the fed- 30 years.“I got involved to make sure sisters worked together on this.” eral government’s Pension Benefit Guar- Congress does its job of protecting our The Teamsters Union is providing anty Corporation (PBGC). hard won pensions.” many avenues for members to participate The pilots have no legal recourse to fight Goins and two of his coworkers in the fight to protect pensions, whether for the full pensions they were promised. recently met with their congressional it is visiting a member of Congress, Unfortunately, they are not alone. A stag- representative in Washington, D.C. to attending meetings or simply signing a gering number of pension plans are discuss pension security in what is a petition. Pension protection is needed defaulting, breaking the retirement dreams growing trend in the Teamsters Union. now more than ever. And the more mem- of workers across the country.

“I got involved to make “I’m going to be work- sure Congress does its ing at UPS for 22-25 job of protecting our more years. I need my hard won pensions.” pension to be stable.” –MARC STEPHEN CRAIG –GLENN GOINS

16 TEAMSTER | OCTOBER/NOVEMBER 2005 | www.teamster.org > > > > > > > > > > > > > > > > > > > > > > > > Sign Up! Tens of thousands of Teamsters have signed petitions urging Congress to act now on pension protection legislation. The petition is available from shop stewards and local officers, and online at:

http://www.teamster.org/action/political/pension.asp

The PBGC estimates that traditional “I’m 27 and for the last few years, I’ve Legislation and Partners pension plans, called defined benefit plans been hearing about how Social Security is The Teamsters Union has been working because they provide a set, monthly going downhill,”Craig told Rep. Ruppers- with a pension coalition that includes payment for life, are under-funded by berger.“I’m going to be working at UPS other unions, allies in Congress, employ- $450 billion. The PBGC itself is facing for 22-25 more years. I need my pension ers and others. The coalition is working major financial shortfalls, raising alarm to be stable.” on Capitol Hill to make sure Congress about a future government bailout. Rep. Ruppersberger commended the passes favorable legislation that will pro- To confront this troubled retirement visiting Teamster members for coming to vide relief to multi-employer pension landscape, Teamsters across the country his office to talk about pension reform. plans and fend off the efforts of those who are mobilizing for pension protection leg- “You all are the front line in this fight,” wish to undermine the defined benefit islation, demanding that Congress act to Rep. Ruppersberger said.“So many of the pension system. safeguard the retirement security of decisions we make on this issue are going The union is pressing for federal laws America’s working families. to affect future generations. Many people that would enable multi-employer plans “When we fight together, we win aren’t even thinking about the pension such as those operated by the Teamsters together. And politicians in Washington issue right now and it’s important that to extend the time to make adjustments cannot afford to ignore a united Teamsters you are.” to pension fund balances. Such changes Union,”said Jim Hoffa, Teamsters General “I am the only person in my family would give plans time to adjust to the President.“We must remind lawmakers that gets a pension and I have several years effects of wide swings in the market. that retirement security doesn’t begin and to go before I retire,”Genovese said.“I fol- “Legislation is being considered right end with Social Security.” low the pension situation because it’s bet- now in the House and the Senate,”said ter to be aware of what is going on than to Mike Mathis, Director of Teamsters Gov- Meeting on the Hill be caught off guard like so many others.” ernment Affairs Department.“The Team- Recently, Marc Stephen Craig, a UPS “Taking a personal interest in this issue sters Union has not endorsed these pen- combo driver with Local 355 in Baltimore, is incredibly important and, if other Team- sion bills because they fall short of the joined Goins and Genovese to talk with sters don’t think this issue affects them, protections and the relief needed for Rep. C.A. Dutch Ruppersberger (D-MD) they should think again,”Goins said. multi-employer plans.” on Capitol Hill. Mathis said the legislation is, in general,

“I’m involved because Congress needs to give our pension funds the tools to deal with the impact of a bad stock market and low interest rates.” –JANET GENOVESE

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 17 a positive sign that Congress finally appears to be willing to address the prob- lems facing multi-employer plans. “We’ve had Teamster officials at the International and local level involved in this fight, but getting the rank and file to IRS Grants Relief talk with their representatives at the state The federal government is taking action to help protect the Central States and national level has been highly effec- Southeast and Southwest Areas Pension Fund from the pension crisis affecting tive,”Mathis said. “Getting members plans across the country. involved in lobbying has been incredibly The IRS has accepted Central State’s application for actuarial methodolo- helpful in getting members of Congress to gy changes that will help the fund achieve financial stability. The decision was see this issue through the eyes of based in large part on recent actions by Teamsters, trustees and some employ- their constituents.” ers to reallocate funds, which the IRS noted dealt responsibly with the funding Members Turn Out problem. While many Teamsters are covered by a “This is a major achievement for the pension fund because the amortiza- multi-employer pension fund, the majori- tion extension should allow Central States to meet the government’s minimum ty of working Americans don’t even have a funding standards into the foreseeable future,” said Tom Nyhan, Executive pension. Only 44 percent have an employ- Director of Central States. er-sponsored pension, while more than 70 The IRS is allowing the plan to extend the period for amortization by 10 million Americans rely completely on their years. The reallocation of previously negotiated fringe benefit contribution savings and Social Security checks for their increases for 2004 and 2005 resulted in an additional $200 million per year retirement income. Teamster locals across the country have for the fund. organized pension meetings, educating “In exercising its discretion to grant the fund’s request, the IRS recognized and informing members about the national the significance of actions already taken by Teamsters, the trustees and vari- crisis and uniting them behind the massive ous contributing employers to deal responsibly with the funding problem,” effort to fight for real retirement security Nyhan said. “Without such actions it is unlikely that the IRS would have grant- and pension protection. ed the requested relief.” Thousands of members have turned out in Louisville, Kentucky; Memphis, Ten- nessee; Toledo, Ohio; and other locations to get the facts about the crisis that is affecting

18 TEAMSTER | OCTOBER/NOVEMBER 2005 | www.teamster.org Coalition Partners The Teamsters Union has been work- ing with a broad coalition in Con- gress to protect Teamster pensions. This group, called the Multi-Employer Pension Protection Coalition, includes more than a dozen other unions, trade associations and employers, including: ■ Laborers International Union of thousands of plans in all industries. More hundred years. One of the biggest issues North America pension meetings are planned this fall. facing working Americans right now is ■ United Food and Commercial Some locals have unanimously adopted pensions,”said Terry McBurney, a retired Workers Union a resolution supporting the push for pen- Teamster in Salina, Kansas. “I’m thrilled to ■ International Union of Operating sion protection legislation in Congress. have been given the opportunity to get Engineers Teamsters are demanding that lawmakers involved.” ■ United Brotherhood of Carpenters step in and provide additional financial McBurney is one of more than 100,000 and Joiners of America tools and funding flexibility to help pen- people to have signed a Teamster petition ■ Sheet Metal Workers International sions recover from the stock market slump asking Congress to protect multi-employer Association of the past few years. pensions. ■ International Association of Iron Hoffa and Teamsters from across the “We can’t just expect the union to do Workers country have been meeting with key mem- everything. We have to help out,”said Floyd ■ bers of Congress, both Democrat and Phelps, a Yellow Roadway driver in Jackson, United Associated of Plumbers Republican, to devise a strategy for moving Mississippi. and Pipefitters ■ positive legislation forward. “I’ve been working hard my entire life American Federation of Musicians Many influential politicians are already and I have been keeping track of my pen- ■ American Federation of Television on board with the Teamster plan. Rep. sion the entire time,”said Jim Figgs, a UPS and Radio Artists George Miller (D-CA) is the leading driver in Topeka, Kansas.“All my hard ■ Building and Construction Trades Democrat on pension issues in the House work can’t be for nothing. When I read in Department, AFL-CIO of Representatives. He has stated that the the newspaper or on the Teamster web site ■ National Coordinating Committee multi-employer pension provision “gives that politicians are helping some pension for Multi-Employer Pensions employers and employees in multi-employ- plans but not others, I get mad. Everyone ■ Recording Industry Association of er plans the tools to strengthen and protect deserves dignity and respect on the job but North America the financial integrity of their plans” and we also deserve dignity and respect in our ■ United Parcel Service that “the multi-employer provisions were retirement.” ■ Motion Picture Association of the result of a carefully considered compro- “It is not enough for just our union to America mise by labor and employer groups affected be involved. Rank-and-file members ■ Sheet Metal and Air Conditioning by its provisions.” like me have to join in,”said Regina Contractors’ National Association Goodwin, a Local 891 member in Jack- ■ National Electrical Contractors Helping Out son, Mississippi who works for Yellow Association At every level, rank-and-file Teamsters are Freight. “A union’s strength comes from ■ Food Marketing Institute mobilizing and the effects are being felt its members and if we don’t speak up on ■ American Trucking Association from coast to coast. an issue as important as pension reform ■ Yellow Roadway Corporation “The Teamsters have a tradition of tak- then we can’t complain when politicians ■ Bechtel Construction Company ing action on important issues for the past let the system erode.”

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 19 ORGANIZING

‘Enough is Enough’ Mrs. Baird’s Workers Seek Guarantees in Writing

fter the company repeat- ers stood up to Mrs. Baird’s said Kris Taylor, an organizer ness. It is now a unit of Bimbo edly took away benefits management by voting to join and business agent for Local Bakeries USA Inc. Since Awithout giving them any Local 745 in Dallas. 745.“Their main goal is to Bimbo took over, conditions say, employees of Mrs. Baird’s “We’re tired of all the have a contract so that their have gotten more difficult for bread plant in Abilene, Texas changes the company has rights are in writing. They workers, Taylor said. said “enough is enough.” made that affect our lives,”said know what it is to have things “It was just one thing after Pat Copeland, a driver who has taken away year after year.” A Big Difference another,”said Justin Gregory, a worked at the plant since 1992. “I’m looking to have things This past spring, the company shipping department employ- “Now we’ll have a say.” in writing so we can protect successfully delayed the ee.“We finally had enough.” For example, Gregory said, our retirement, get fair pay and representation election on Gregory and his 39 cowork- the company used to pay for better job security,”Copeland the eve of the election date. their uniforms, but no longer. said.“We also need to stop That could have demoralized favoritism. Right now, supervi- workers and caused some to “These workers Last Straw sors favor their friends over give up. But Taylor said this remained united and “The final straw for the work- other workers.” group was far different. ers was when the company Mrs. Baird’s was founded “These workers remained they persevered.” ended the pension plan and nearly a century ago in Fort united and they persevered,” KRIS TAYLOR, LOCAL 745 replaced it with a 401(k) plan,” Worth as a small home busi- Taylor said of the successful follow-up election. Gregory, who has worked at Mrs. Baird’s for six years, said he’s looking forward to big changes at the plant. “Right now the company’s attitude is, ‘if you don’t like it, you can quit.’” “With our union, we will have a say about the compa- ny’s policies. It’s going to make a big difference,”he said.

“With our union, we will have a say about the company’s policies. It’s going to make a big difference,” JUSTIN GREGORY, LOCAL 745

20 TEAMSTER | OCTOBER/NOVEMBER 2005 | www.teamster.org LOCAL 673 tion on the pension plan and invalidated an election held Although the company’s was talking of raising health last August after charges were owners tried to disrupt the Abitibi-Consolidated care costs. made claiming workers had organizing process through even front-end loader dri- been intimidated into voting anti-union activities, the work- vers at Abitibi-Consoli- LOCAL 117 against the union. The work- ers held their ground in their Sdated in Saint Charles, ers are pleased with the out- pursuit to become Teamsters. Illinois voted 6-1 to join First Student come of the election and look “This victory is important Local 673. ocal 117 in Seattle wel- forward to the benefits of because the company is very “Driver Joseph Gleason comed 21 new members union membership. anti-union,”said Rich Gierut, was one of the key forces in Lwhen school bus drivers in The packaging workers are Organizer for Local 179 in Joli- this organizing campaign,” Steilacoom, Washington voted the second unit to choose rep- et, Illinois.“These drivers real- said Santiago Perez Jr., an to join the union. resentation by the GCC/IBT ly stood up to the company organizer for Local 673 in The drivers, employed by at the newspaper, joining 145 owner’s anti-union messages.” West Chicago. “He was very First Student Inc., approached members who work in the outspoken in the company’s Local 117 after becoming Union-Tribune’s pressroom. LOCAL 179 anti-union meetings and kept increasingly frustrated with the group together with his the lack of respect and unfair LOCAL 170 TSC Container Freight motivating words.” policies from the company. welve spotter loaders at the The workers are part of the Once the three-month Aggregate Industries TSC Container Freight Chicago team for the compa- organizing drive began, a core espite the best efforts of Tfacility in Elwood, Illinois ny’s paper retriever program, group of workers—led by vet- their redi-mix concrete overwhelmingly voted to join which serves schools, church- eran driver Maria Sparks— Demployer, a majority of Local 179. The workers bring es and nonprofit organiza- met weekly for updates on the 18 drivers at Aggregate Indus- trailers into the loading site, tions in the metro area. progress of the campaign and tries in Littleton, Massachu- load the trailers with bulk to discuss their concerns. The setts recently voted to join agricultural products, and GCC/IBT LOCAL 582M drivers felt the union would Local 170. haul the products to a ship- give them the strength needed Jim Fiori, a business agent ping facility. The products are Standard Register to get improved benefits, fair at the Worcester, Massachu- then shipped overseas. orkers at Standard Regis- treatment and a voice in the setts local, held a two-and-a- “Currently, these employ- ter in Salisbury, Mary- workplace. half-hour meeting with the ees don’t have a pension, and Wland voted to join drivers a few months before that is a huge concern for GCC/IBT Local 582M in Balti- GCC/IBT LOCAL 432M the election, and a couple of them,”said Rich Gierut, an more. The 118 workers print weeks later, the drivers signed organizer for Local 179 in business forms for a variety of San Diego Union-Tribune cards to indicate they wanted Joliet, Illinois. financial institutions and com- ackaging department to become Teamsters. Affordable health insur- panies, including UPS. workers at the San Diego “The company tried real ance is another big issue for Frustrated by empty PUnion-Tribune voted to hard to discourage the group the spotter loaders. promises from the company join Local 432M of the by holding the usual anti- “The company offered and proposed changes to Graphics Communications union meetings,”Fiori said. them health insurance, but the their benefits, the workers Conference, also located in costs were so expensive that it approached the union this San Diego. More than 175 LOCAL 179 would literally take an employ- past spring. Promises of raises workers participated in the ee’s entire paycheck to cover had fallen by the wayside, and election, which was super- T&W Trucking it,”Gierut said.“We hope to any “merit” increases given vised by the National Labor en truck drivers for T&W get the drivers a good contract were based on favoritism. Relations Board. Trucking in Naperville, that will give them the afford- Also, Standard Register had This was the second elec- TIllinois unanimously voted able health and welfare bene- provided no solid informa- tion for the unit. The NLRB to join Local 179. fits that they deserve.”

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 21 ConcreteConcrete GainsGains LOCAL 282

MEMBERS

STRIKE FOR

BETTER

ECONOMIC

PACKAGES

att Richardson, a 21-year approximately 1,200 members of Local picket lines. Richardson said he was pre- Teamster driver and Local 282 member, 282 in Lake Success, New York walked off pared to receive a call at any time on the has been through strikes before. There’s the job. Earlier that day, the members— picket line telling him his wife was giving never a good time to be walking a picket 600 redi-mix drivers who work for the birth to the baby. Mline, but this summer he was facing a life- New York City Concrete Producers in “I told my wife we were going to name changing event: Richardson’s wife was Manhattan, 500 excavators who work for the baby ‘Strike,’”he said.“That didn’t go pregnant with their second child and the Long Island Contractor’s Association, over so well.” approaching her due date. and 100 excavators who work for employ- Richardson has spent his entire career ers in the Nassau and Suffolk County, Standing Together at Seville Central Mix, and as negotiations New York, redi-mix, sand and gravel The 600 drivers in Manhattan successfully went on he hoped for an agreement on industry—gathered in three separate returned to work after four days. The 500 the economic issues standing in the way of meetings at the union hall. In each of the excavators on Long Island reached a con- a good contract. It soon became clear that meetings, the respective workers voted tract agreement after two weeks. And the agreement was not to be reached. unanimously to go on strike if the negoti- final group, the 100 excavators in Nassau “It was kind of disappointing,” ating committees couldn’t come to terms and Suffolk Counties, remained on strike Richardson said.“We didn’t think we were on their contracts. for four weeks before reaching a strong going to be on strike, and then all of a At the end of the day, the Local 282 agreement. sudden, there we were.” Executive Board exercised its right to Phil Bekmessian, a 15-year Teamster After failing to reach an agreement, strike and the workers manned the redi-mix driver and steward at Empire

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 23 Fueling Solidarity Local 553 Members Also Walk Picket Lines s Local 282’s members walked the line in the New York region, Teamsters at AAllied Aviation Services also spent 33 days on strike. The Local 553 mem- bers, who refuel airplanes and work in fuel maintenance at John F. Kennedy Inter- national Airport (JFK), walked off the job and overwhelmingly ratified a strong new three-year agreement a month later. “We were able to protect our members from paying high medical and dental premiums,” said Demos Demopoulos, Secretary-Treasurer of Local 533 in New York City. “And we obtained the largest wage increase we’ve had in the last 15 years, in addition to a pension increase.” A Great Contract “To have accepted the company’s unreasonable contract offer would have been like paying Allied to keep our jobs,” said Frank Friday, a 28-year Teamster. “We couldn’t have afforded a decent living with the pay cuts we’d have had to take.” Gary LaBarbera, who also serves as President of Joint Council 16 in New works at all in a given workday. LaBarbera said the New York City York, praised Demopoulos and his members for their endurance during the strike Building Trades provided great support to and the successful outcome. the strikers in Manhattan and the strike “Demos did a great job,” LaBarbera said. “His members stood strong and essentially shut down the construction they got a great contract.” industry in the city. That led to the swiftest agreement of the three. “There’s concrete in every building in Transit Mix, served on the negotiation No Givebacks or Concessions Manhattan,”LaBarbera said.“All that con- committee that met with the company. He Dominick Marrocco, a Local 282 business crete was delivered by Teamsters. They put said over the course of several meetings, the agent, said the negotiating committees every inch down.” two sides could not reach an agreement. worked seven days a week to get back to “Everybody just stood firm together,” the negotiating table and hammer out Success Story Bekmessian said.“They were battling back good agreements once the strike was Although the other two agreements took and forth, and it just got to the point where under way. The agreements that brought longer to achieve, the members and lead- it was obvious it wasn’t going to be settled.” the members back to work included no ership were equally happy with them. All Gary LaBarbera, Local 282 President, givebacks or concessions. three of the agreements were passed near- said he and the negotiation committees LaBarbera called the agreement with ly unanimously. The agreement with the refused to back down on the economic the New York City Concrete Producers Long Island Contractor’s Association issues. Association “a home run.”Highlights included the following highlights: “New York is very expensive,”he said. included: ■ Wage increases of $6.88 per hour over “You have to make good wages to live a ■ Wage increases of $5.50 per hour over the course of the three-year contract; middle class life. We want our members to the course of the three-year contract; and ■ An increase to a 25 percent night pay live the American dream and we didn’t ■ Guaranteed eight-hour pension and differential from a 5 percent differential; want to let them down.” welfare contributions if the member and

24 TEAMSTER | OCTOBER/NOVEMBER 2005 | www.teamster.org “You have to make good wages to live a middle class life. We want our members to live the American dream and we didn’t want to let them down.” — GARY LABARBERA, LOCAL 282 PRESIDENT

■ A total economic package (including asking for, and we weren’t asking for any- you up,”Marrocco said.“They know that overtime and the night pay differential) of thing crazy.” now more than ever.” more than $60 per hour. Briggs Houston, a 14-year Teamster LaBarbera said the members of the The employers in Nassau and Suffolk driver who is a steward at Asplundh local union’s executive board spent signifi- Counties adopted the same agreement Construction, said the membership real- cant amounts of time on the picket lines, adopted by the New York City Concrete ized a strike was the only tool they had to walking alongside the members to show Producers Association. achieve success, even if there were diffi- solidarity. “It’s a success story,”LaBarbera said. cult days along the way. “When the members and the leader- “Our members work hard and deserve “When it was all done and over with, ship of a local union work together, there’s every penny of it.” it was obvious it was the only way we success,”LaBarbera said.“At the contract could get what we were looking for,” ratification meetings, the members 100 Percent Solidarity Houston said. “The solidarity was great showed great support for the leadership, Many of the workers had experienced a this time. The membership stuck including the negotiating committee strike before. In 1993, Local 282 members together.” members.” in the redi-mix and heavy construction “Everyone was 100 percent behind “The leadership of the local was excel- industry struck for anywhere between a each other,”Bekmessian said.“It takes a lent,”Richardson said. “All the business week and nine weeks, depending on lot to go out on strike when you have a agents and the Executive Board mem- which contract covered them. mortgage payment. It was nice to see bers, they all found work for the guys “This was a lot tougher financially and every man showing up on the picket when they needed it. And I can’t say mentally,”Richardson said.“It was a little lines.” enough about Gary [LaBarbera]—he’s a tense at times.” tough negotiator. He knows how to “It’s a tough thing to go on strike,” Great Support bargain and he did a great job. I’ve been Bekmessian said.“It’s easy to go out, but The local’s leadership stood behind the on the negotiating committee for three coming back is hard. We all knew we members. or four contracts and he’s the best couldn’t give back anything that they were “If you’re willing to strike, we’ll back I’ve ever seen.”

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 25 ATTENTION ALL TEAMSTERS!

Article VII, Section 10 of the Rules for the 2005-2006 IBT International Union Delegate and Officer Election (the “2006 Rules”) permits accredited candidates for International office to have campaign literature of their choice published in the Teamster magazine. The purpose of this rule is to promote fair, honest and open union elections.

To have material published in this issue of the Teamster, a candidate had to submit peti- tions to the Office of the Election Supervisor, and receive accreditation by September 30, 2005. The 2006 Rules specifies the amount of space allotted to each International officer candidate.

To become an accredited candidate for International office, an otherwise eligible member must obtain signatures on petitions of at least 2.5% of the IBT membership eligible to vote for that office. On June 15, 2005, the Election Supervisor announced that a candi- date for union-wide International office would need a minimum of 35,802 signatures to become an accredited candidate (this notice, and an Advisory on the Accreditation process, are available from www.ibtvote.org). As of September 30, 2005, two candidates have submitted petitions and been certified by the Election Supervisor as accredited can- didates for union-wide International office. Candidates may still submit accreditation petitions, and the Election Supervisor may accredit candidates through December 15, 2005. Accredited candidates have the right to publish campaign literature in the Febru- ary 2006 Teamster in addition to this issue. Nominated candidates have the right to publish campaign literature in the August 2006, September 2006, and October 2006 Teamster magazine.

The ideas expressed in these materials are solely those of the accredited candidates. They do not reflect, in any way, the views of the IBT, any affiliated Unions, or the Elec- tion Supervisor. Nor did the IBT or the Election Supervisor alter any of these candidate materials. They come directly from the accredited candidates to the Teamster member- ship.

Richard W. Mark Election Supervisor

26 TEAMSTER | OCTOBER/NOVEMBER 2005 | www.teamster.org Dear Fellow Teamsters: For the past six years, you have entrusted the Hoffa- Keegel team with the honor of leading your Union. We have done so with the utmost respect for each of our union’s 1.4 million members. We have made significant progress in meeting our goals of negotiating stronger contracts, organizing new members, building Teamsters’ strength and power, and creating a better nation for all working families. Our determination to restore the financial strength of the union – including the creation of a real Strike and Defense Fund and a powerful Organizing Fund – has brought our union’s assets to more than $120 million. Our commitment to growing the union has brought three International Unions into our ranks – the Brotherhood of Locomotive Engineers, the Brotherhood of Maintenance of Way Employees and the Graphic Communications International Union. Further, our dedicated Organizing Fund has allowed us to grow our capacity and organize on a scale never seen before in our union with major campaigns at DHL, CINTAS, law enforcement, the waste industry and the school bus indus- try, among others. And this is just the beginning.We are leading the reform of the labor movement. By leaving the AFL-CIO and forming the Change to Win Coalition, we are leading the way in stopping labor’s years of decline. And no one is fighting harder to defend your wages, benefits and jobs from the anti-union forces in Washington, D.C. and corporate board- rooms. Now we are approaching our union’s next democratic election of offi- cers.Again, we ask for your support in our continuing fight to grow and strengthen the Teamsters Union. Together we can build a greater future for our members and generations to come. Fraternally,

James P.Hoffa, C.Thomas Keegel, General President General Secretary-Treasurer For more information on our campaign and how you can get involved, go to www.hoffa2006.com.

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 27 SUPPORT THE HOFFA 2006 TEAM

✓I want to help re-elect the Hoffa 2006 team!

Name ______

Address ______

City______State ______Zip ______

Local ______Phone ______

✃ Send me campaign updates at my email address: ______Go to www.Hoffa2006.com to learn more about how you can help. CUT HERE Mail to: Hoffa-Keegel 2006, PO Box 77131, Washington, DC 20013-7131

28 TEAMSTER | OCTOBER/NOVEMBER 2005 | www.teamster.org IRB REPORT 89

dent and Joint Council 25 Vice President Joseph L. Bern- REPORT 89 TO ALL MEMBERS OF stein allegedly brought reproach upon the IBT and violat- THE INTERNATIONAL ed his membership oath when, subsequent to William T. BROTHERHOOD OF TEAMSTERS Hogan, Jr.’s permanent bar from the IBT, he had knowing and purposeful contact with him. The IBT hearing panel FROM: Independent Review Board found Mr. Bernstein guilty as charged. General President Benjamin R. Civiletti Hoffa adopted the hearing panel’s recommendation and Joseph E. diGenova prohibited Mr. Bernstein from ever reclaiming member- ship in the IBT or participating in the affairs of any IBT William H. Webster affiliates but he was not prohibited from contact and asso- DATED: September 6, 2005 ciation with IBT officers, members, employees, represen- I. INTRODUCTION tatives and agents with respect to matters that do not This is the Independent Review Board’s (“IRB”) involve union business. Eighty-ninth Report to you on its activities conducted pur- The IRB notified Mr. Hoffa that given Mr. Bernstein’s suant to the Consent Order. In this Report, we will discuss conduct the IRB found the sanction imposed upon him matters that have currently come before us, including a inadequate. Mr. Hoffa’s response was that he was stand- new Investigative Report and the status of pending ing by his original decision. The matter is with the IRB for charges about which we have previously informed you. a decision. We will also discuss the status of two Information Reports IV. INFORMATION REPORTS which do not contain charges but were issued to the IBT as a means of providing information on irregularities A. LOCAL 445 ALLOCATION OF EXPENSES requiring action by the IBT. TO BENEFIT FUNDS We have previously informed you that in April 2004 II. NEW INVESTIGATIVE REPORT the IRB issued a non-charge Report to IBT General Coun- SERGIO SALCEDO–LOCAL 714, BERWYN, sel Patrick Szymanski concerning the allocation of Local ILLINOIS expenses to the Local’s Benefit Funds. For years, despite On August 10, 2005, the IRB issued an Investigative the IBT’s directives that cost sharing agreements be well Report to the Local 714 Executive Board concerning documented, the Union Trustees, who are Local officers member Sergio Salcedo. The Report recommended that and employees, permitted the Benefit Funds to reimburse Mr. Salcedo be charged with failing to appear for his the Local for expenses that were unsubstantiated by any scheduled in-person sworn examination. Counsel to Local written documentation. The evidence indicated that the 714 notified the IRB that the charge would be filed and a Trustees breached their fiduciary duties to the Funds in hearing would be scheduled. permitting unjustified payments to the Local. Local 445 implemented a revised cost-sharing agree- III. STATUS OF PREVIOUS IRB CHARGES ment which is being administered by an independent accountant. The issue remaining to be resolved concerns A. JOHN KIKES–LOCAL 78, HAYWARD, the amount of the reimbursements from Local 445 to the CALIFORNIA various trust funds. In the last issue of the Teamster magazine we informed you that on July 14, 2005, the IRB issued an B. LOCAL 727 ALLOCATION OF EXPENSES Investigative Report to General President Hoffa concern- TO BENEFIT FUNDS ing International Representative and Local 78 President In the last issue of the Teamster magazine we John Kikes. The Report recommended that Mr. Kikes be informed you that the IRB issued a non-charge Report to charged with bringing reproach upon the IBT when, sub- IBT General Counsel Szymanski concerning the cost sequent to William T. Hogan, Jr.’s permanent bar from sharing arrangement among the Local and the three Ben- the IBT, he had knowing and purposeful contact with efit Funds. As part of this arrangement, the Local him. On July 29, 2005, Mr. Hoffa decided to accept and received approximately $4.1 million from the three file the charges against Mr. Kikes. He then appointed a Funds between January 2001 and December 2004. hearing panel and scheduled a hearing for September 15 There was insufficient reliable evidence that these trans- and 16, 2005. fers from the Funds to the Local were justified by ser- vices the Local and its employees performed on behalf of B. JOSEPH L. BERNSTEIN–LOCAL 781, DES the Funds. PLAINES, ILLINOIS Local 727 agreed to implement a new cost-sharing pro- We have previously informed you that Local 781 Presi- cedure that will be drafted by the IBT and will include the

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 29 IRB REPORT 89 COURT ORDER

requirement that accurate records of the actual time spent on work performed for the various Local 727 funds be UNITED STATES DISTRICT COURT completed periodically and that the process be adminis- tered by a completely independent accountant. SOUTHERN DISTRICT OF NEW YORK V. TOLL-FREE HOTLINE 88 CIV. 4486 (LAP) Since our last report to you, the hotline has received approximately 80 calls reporting alleged improprieties. As MEMORANDUM AND ORDER in the past, all calls which appeared to fall within IRB jurisdiction were referred for investigation. Activities UNITED STATES OF AMERICA, which should be reported for investigation include, but Plaintiff, are not limited to, association with organized crime, cor- —v.— ruption, racketeering, embezzlement, extortion, assault, or INTERNATIONAL BROTHERHOOD OF TEAMSTERS, failure to investigate any of these. APPLICATION 113: Carlow Scalf To assure that all calls are treated confidentially, the Defendant. system recording hotline calls is located in a cipher-locked LORETTA A. PRESKA, United States District Judge: IRB room on a dedicated line and accessed by IRB staff only. It is not manned by an investigator; however, the By Application 113, the Independent Review Board recorded information if complete and within IRB jurisdic- (“IRB”) submitted a compromise agreement reached tion is forwarded directly to the Investigations Office. between the IRB and International Brotherhood of Please continue to use the toll-free hotline to report Teamsters (“IBT”) member Carlow Scalf, then serving as improprieties which fall within IRB jurisdiction by calling Executive Assistant to General President Hoffa of the IBT. 1-800-CALL-IRB (1-800-225-5472). If you are calling Application 113 disclosed that after various records had from within Washington, DC, dial 202-434-8085. been required from Scalf concerning housing and car allowances for IBT employees and after the IRB learned VI.CONCLUSION that Scalf from about March 2001 through January 2004 As always, our task is to ensure that the goals of the caused the IBT to pay over $65,000 in housing expenses Consent Order are fulfilled. In doing so, it is our desire to on his behalf when he did not have a principal place of keep the IBT membership fully informed about our activi- residence out of state as the General Executive Board ties. If you have any information concerning allegations of approval for his housing expenses required, Scalf reim- wrongdoing or corruption, you may call the toll-free hot- bursed $69,500 to the IBT. It also disclosed that after the line noted above, you may use the IRB facsimile number IRB informed Scalf that it planned to recommend a charge 202-434-8084, or you may write to either the IRB Chief against him for providing inaccurate or incomplete infor- Investigator or the IRB office: mation on residence forms he submitted to the IBT, Scalf Charles M. Carberry, Chief Investigator signed the compromise agreement resolving the matter 17 Battery Place, Suite 331 principally by the repayment and a 60-day suspension New York, NY 10004 from the IBT. By letter dated January 14, 2005, Teamsters for a Independent Review Board Democratic Union (“TDU”) objected to the compromise 444 North Capitol Street, N.W. agreement, raising various procedural issues and arguing Suite 528 on the merits that a more severe sanction was required. By Washington, DC 20001 letter dated March 11, 2005, the IBT informed the IRB that General President Hoffa had rescinded Scalf’s appointment as his Executive Assistant, and, accordingly, Mr. Scalf’s employment with the IBT terminated effective March 12, 2005. Mr. Scalf, the IBT and the Government have also submitted letter briefs with respect to Applica- tion 113. First, the TDU lacks standing to object to Application 113. TDU is “a caucus of rank-and-file IBT members concerned about corruption, lack of leadership, account- ability to the membership, undemocratic procedures, unfair, ineffective and even ill-intentional bargaining and grievance adjustment strategies within the Union.” United

30 TEAMSTER | OCTOBER/NOVEMBER 2005 | www.teamster.org COURT ORDER

States v. IBT (TDU/TRF), 968 F.2d 1506, 1508 (2d Cir. identifies Scalf as “the Executive Assistant to the IBT 1992) (internal quotations omitted). As a nonparty to the General President in Washington, DC.” It may well be Consent Decree and nonparty to the IRB’s disciplinary that, in the IRB’s view, its decision to impose any sanction proceeding against Scalf, TDU lacks standing to object to at all—rather than simply close its investigation without a disciplinary application of the IRB. See, e.g., United charges—reflected a desire to hold Scalf accountable pre- States v. IBT, 138 F.2d 50, 51 (S.D.N.Y. 1991). cisely because he is a high-level official of the Union. For Second, even if TDU had standing to object to Appli- present purposes, it is sufficient that TDU has not estab- cation 113, there is no procedural impediment to the lished that the IRB failed to take Scalf’s high-level posi- Application. Nothing in the IRB Rules precludes the IRB tion into account when considering its choice of sanction. from entering into compromise agreements before Moving to the merits, the Court recognizes its obliga- an investigation is completed or requires the IRB to rec- tion to consider the application in a “careful, thorough ommend formal charges to the IBT before submitting a and probing” manner. 170 F.3d 143 (citing Ward v. compromise agreement to the Court for approval. Brown, 22 F.3d 516, 521 (2d Cir. 1994)). In reviewing Indeed, under the IRB Rules, the IRB is obligated to pre- whether the sanction imposed here serves the remedial pare an Investigative Report only “[u]pon completion of purposes of the Consent Decree, the Court nevertheless an investigation.” IRB Rules ¶I(1). If, as TDU argues, a applies a deferential standard of review: “The IRB has report were required whenever the IRB had merely com- ‘wide discretion’ in imposing sanctions.” United States v. menced an investigation, the IRB would be required to IBT (O’Donnell), 29 Fed. Appx. 685, 688 (2d Cir. Feb. prepare a full report, regardless of whether or not an 12, 2002) (quoting Giacumbo, 170 F.3d at 144). In investigation uncovered any misconduct—a grossly inef- reviewing IRB sanctions, the Court asks only whether a ficient waste of resources. There is nothing in the IRB sanction imposed represents an “allowable judgment” in Rules that precludes presentation of a compromise agree- the choice of a remedy. United States v. IBT (Wilson, ment at this stage of the proceedings. Dickens, Weber), 978 F.2d 68, 73 (2d Cir. 1992) (citation Finally, there is no merit to TDU’s argument that omitted). “[T]he reviewing court should not overturn Application 113 should be rejected because the sanction the… choice of sanctions unless it finds the penalty is too lenient. “[I]t is well established that sanctions given unwarranted in law or without justification in fact.” in other cases are not relevant to the Court’s inquiry as to Simpson, 120 F.3d at 348 (citing Wilson, Dickens, Weber, whether a particular sanction is unwarranted or without 978 F.2d at 73). justification.” United States v. IBT (Bane), 2002 WL Applying these recognized standards, the sanction 654128, at *16 (S.D.N.Y. Apr. 18, 2002), aff’d, (2d Cir. reflected in Application 113 serves the remedial purposes of the Consent Decree. The Court also notes that, as set Mar. 13, 2003); accord United States v. IBT (“Giacum- forth above, since the compromise agreement reflected in bo”), 170 F.3d 136, 144 (2d Cir. 1999) (“Uneven applica- Application 113 was reached, Mr. Scalf’s employment at tion of sanctions does not normally render the sanction the IBT has also been terminated. Accordingly, he has suf- imposed in a particular case arbitrary or capricious.”); fered an additional punishment on account of the conduct United States v. IBT (Sansone), 981 F.2d 1362, 1371-72 reflected in Application 113. (2d Cir. 1992) (“The apparent discrepancy between the penalty imposed here and those imposed in other cases does not inexorably compel the conclusion that the CONCLUSION Independent Administrator acted arbitrarily or capri- Application 113 is granted. ciously.”). Similarly, that 1) Scalf was, at the time the compromise agreement was entered into, a high ranking SO ORDERED. official of the IBT, 2) the sanction agreed to was a Dated: New York, New York relatively lenient one, and 3) the IRB did not expressly July 8, 2005 articulate that it took Scalf’s position into account in fashioning a sanction does not cast doubt on the agree- ment. As the Court recognized in a related context, “the IRB’s failure expressly to discuss a particular factor in its decision does not necessarily mean that the IRB failed to LORETTA A. PRESKA, U.S.D.J. consider that factor. See Transcript of Proceedings, Unit- ed States v. IBT (Crawley), 88 Civ. 4486, at 7 (S.D.N.Y. Jan. 13, 2005) (“In sum, I disagree with Mr. Crawley’s legal argument that evidence not discussed by the IRB must be found not to have been considered by the IRB.”) In this case, the IRB’s application, on its face, plainly

www.teamster.org | OCTOBER/NOVEMBER 2005 | TEAMSTER 31 MISSOURI TEAMSTER PAYS HOMAGE TO TEAMSTERS OF OLD

hawn Gordon represents the Teamsters This year, Gordon took part in the Labor wagon full of coal to the steam boats in Union of the past and the present. Day parade in Omaha, Nebraska. New York City.” As a Roadway Express Driver out of “I don’t just want to do these events on He got interested in draft horses in Local 245 in Springfield, Missouri, Gor- Labor Day, though,”Gordon said.“I feel Teamster history on a tour of the don represents the union in its present that the more positive exposure we get, the Anheuser-Busch plant—also a Teamster Sform. But as a driver of a team of horses in better. There are so many events nation- stronghold.“After that, my wife and I got a area parades, Gordon proudly represents wide worth attending in order to raise the draft horse,”he said.“Now, we have six.” Teamsters of a bygone era. profile of the Teamsters Union.” Gordon’s vision is to establish a travel- “My wife and I have had horses for ing draft horse hitch to represent the years and recently started getting into Proud History Teamsters Union and reflect the heritage draft horses,”Gordon said.“We started a Gordon isn’t just interested in raising the of the union. small carriage company here in Spring- profile of the union, though he said so “I would like to use the past to influence field and started doing local parades and many people comment on how much the future,”he said.“I feel that by promot- events to represent the Teamsters.” they enjoy seeing him in parades and at ing our union in a positive manner like this, Early Teamsters drove not motorized other events. He is also interested in the it will draw the attention of people that nor- vehicles but teams of horses hitched to union’s history. mally would not notice one of the Teamster wagons to transport goods. Gordon has “I’ve only been in the union for 11 trucks. And, obviously, it represents the her- been driving a team of horses in Labor years but I’m from a union family,”he itage of everyone in the union.” Day parades in Missouri for years and, in said.“My great grandfather was one of the For more information, visit 2004, was in the Kansas City Royal Parade. original Teamsters. He would take his teamstershitch.com

32 TEAMSTER | OCTOBER/NOVEMBER 2005 | www.teamster.org ELECTION SUPERVISOR’S REPORT

LOCAL UNIONS SUBMIT PLANS FOR DELEGATE ELECTIONS IN 2006 REMINDER ABOUT NOMINATION PROCEDURES ELECTION SUPERVISOR CERTIFIES TWO ACCREDITED CANDIDATES ELECTION SUPERVISOR OUTREACH TO IBT GRAPHIC COMMUNICATIONS CONFERENCE AND IBT RAIL CONFERENCE

Local Union Plans Teamster local unions have submit- Certification of Accredited Candidates On September ted local union plans for the nomination of delegates and 13, 2005, the Office of the Election Supervisor certified alternate delegates to the 27th International Convention in James P. Hoffa as an accredited candidate for the union- June 2006. The Office of the Election Supervisor has wide office of IBT General President, and certified C. approved more than 200 plans to date, and the process will Thomas Keegel as an accredited candidate for the union- continue until every IBT Local Union, System Federation, wide office of IBT General Secretary-Treasurer. Under and General Committee of Adjustment has an election plan Article VII, § 10 of the 2006 Rules, an eligible member in place. A list of approved delegate elections is posted at seeking accreditation as a candidate for union-wide office www.ibtvote.org. The list is organized by local union num- was required to submit to the Office of the Election ber and shows the date, time and place of nomination meet- Supervisor a minimum of 35,802 valid petition signatures. ings, the ballot mailing date and the date time and place of The Election Supervisor determined that petitions submitted ballot counting for every delegate election. The list is updat- for Mr. Hoffa and Mr. Keegel contained more than the ed as plans are approved. required minimum number of valid signatures. Check the schedule so you can know when to expect to receive the nomination notice for your local in the mail. If Training Sessions for the GCC and the Rail Conference you want to attend the meeting, the nomination notice will IBT members in the Graphic Communication Conference state the date and location of your local’s nomination meet- and the Rail Conference are participating in the delegate ing. That information will also be available on the master election process for the first time. The Election Supervisor schedule posted on the Election Supervisor’s website. The has conducted training to teach officers of Local Unions, master schedule on the Election Supervisor’s website will also System Federations, and General Committees of Adjustment state, after each nomination meeting happens, whether your about conducting delegate elections, and has adapted some local will have a contested election for delegate. The regular provisions of the plan for electing IBT convention delegates period for delegate elections ends on April 30, 2006. If you and alternate delegates to the unique organization of these have not received a notice of a nomination meeting by mid- new IBT conferences. All eligible IBT members can partici- February, contact your local union. pate in the delegate election, including running for delegate or alternate delegate candidates and nominating, seconding Reminder – Written Nominations The 2006 Rules and voting for candidates. All Local Unions, System freely allow IBT members to submit written nominations, Federations, and General Committees of Adjustment are written seconds, and acceptances for delegate or alternate required by the IBT Constitution to elect delegates on to the delegate candidates without any requirement to attend the 27th IBT International Convention. The Election nomination meeting. Read Article II, § 5 of the 2006 Rules Supervisor’s office is committed to ensuring that each of for specific instructions on the information you must include these entities conducts a delegate election that complies with on the written nomination or second, and on the procedures all the requirements of the 2006 Rules. The Regional a candidate must follow to accept a nomination in writing. Directors are available to answer questions about the Read your nomination meeting notice to find out the process, to assist in the formulation of election plans, and to deadline for submitting written nominations and seconds. In address any special circumstances particular Local Unions, general, a written nomination or second must be received by System Federations, and General Committees of Adjustment the local union’s secretary-treasurer “no later than 5 p.m. of may have. the day immediately prior to the day of the relevant nomina- tion meeting.” 2006 Rules, Article III, § 5(f). A candidate’s Up-to-date contact information for both Election written acceptance must be presented at the nomination Supervisor headquarters and the Regional Directors may be meeting “no later than the time the member is nominated.” found at www.ibtvote.org. 2006 Rules, Article III, § 5(g). A written nomination, sec- ond or acceptance can be delivered in person, by mail, by Richard W. Mark express delivery service, or by fax transmission. It is the Election Supervisor responsibility of the nominator, seconder, or candidate to be sure that the document is received by the local secretary treasurer in advance of the prescribed deadline. When TragedyTragedy HitsHits

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